The American Civil Liberties Union of Southern California has published a report following a two-year study that concludes law enforcement agencies in Kern County – specifically the Bakersfield Police Department and Kern County Sheriff’s Office – have engaged in patterns of excessive force and systematically violated the civil rights of local residents.

ACLU calls on the two departments to reform their policies, re-train and re-orient line and supervisory officers “towards a culture that emphasizes the consistent use of tactical alternatives to force and consequences for the use of unreasonable, unnecessary, or disproportionate force, and establish rigorous and independent oversight institutions to ensure the departments remain accountable and responsive to the communities they serve.

Many of the excessive force, civil rights, and wrongful death cases outlined in the report are and were represented by the Bakersfield-based law firm Chain | Cohn | Stiles. In response to the report, the law firm released the following statement.

“We are encouraged, but not surprised, that the ACLU has determined that both Bakersfield Police Department and Kern County Sheriff’s Office have violated the rights of many individuals in this community. We have reached the same conclusion over the course of the many cases we’ve prosecuted against officers in both departments. In some cases, these officers have faced criminal prosecution, but in the vast majority they have not. In those cases where criminal prosecution is off the table, these departments vigorously defend the officers, find their conduct to be within policy, and instead direct their attention toward blaming the victims. We hope the Attorney General’s Office will take these findings into account as they continue to investigate both departments. The hope – at the end of the day – is that the Attorney General’s Office will take action against these departments that will spark institutional change and restore the community’s faith in law enforcement.”

California Attorney General Xavier Becerra is already carrying investigating patterns of excessive force and civil rights violations in the two departments. The reports and investigations follows a five-part series by The Guardian publication that found these Kern County departments killed people at a higher rate than any other U.S. agencies in 2015. The series uncovered a culture of violence, secrecy and corruption in the county’s two largest police departments. Among the cases highlighted were those involving wrongful death, police misconduct, sexual misconduct and civil rights cases handled by Chain | Cohn | Stiles.

Chain | Cohn | Stiles — the Bakersfield-based accident, injury and workers’ compensation law firm — has welcomed a new investigator to its team, and it’s a familiar face for Kern County.

Ray Pruitt, who served as a media spokesman for the Kern County Sheriff’s Office for nearly a decade, will be assisting in case development and management, and gathering vital evidence and information for personal injury cases at Chain | Cohn | Stiles.

Pruitt has nearly 25 years of law enforcement and investigative experience. He began his career in 1988 with the Bakersfield Police Department, worked as a private investigator for three years, and joined the Kern County Sheriff’s Office in 2001. He worked in the KCSO Crime Prevention Department and was the spokesman / public information officer for nearly eight years.

“I have lived my entire life in Kern County and have spent the last 25 years working to serve and protect the citizens of our great community,” Pruitt said. “I feel extremely fortunate to be a member of the Chain | Cohn | Stiles team, a law firm with a rich tradition of protecting the rights of and seeking justice for those who have been victimized.”

Pruitt grew up in Delano and graduated from McFarland High School. He holds a bachelor’s degree in criminal justice administration from the University of Phoenix, a worker’s compensation law certificate from CSU Bakersfield. He has taught criminal justice classes at both the college and law enforcement academy level. Ray has testified as a criminal court expert in Kern County Superior Court, and is well known in the law enforcement and business community in Kern County.

He’s been married for 25 years, and has two adult children – a student at CSU Bakersfield the other a student Bakersfield College – as well as a grandson.

“Standing up for victims and helping them when they have been harmed by the actions of another person is something I am very passionate about,” Pruitt said. “I have spent the majority of my adult life working to help those who need help, and helping their families as well. Ultimately, helping people gain some sense of closure when they have been harmed due to the actions of another is what I am most looking forward to at Chain | Cohn | Stiles.

Pruitt was recently featured in the “People in Business” section of The Bakersfield Californian. See it here.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

A former Kern County Sheriff’s deputy has pleaded “no contest” in connection with a crash that killed a 72-year-old Oildale woman in 2014, a crash also connected to a wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of her family.

Nicholas Clerico will receive three years probation, must pay a $570 fine and serve 240 hours of community service after pleading no contest on April 25 to a misdemeanor charge of vehicular manslaughter.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of Nancy Joyce Garrett, who was killed when Clerico struck and killed her in his speeding patrol car. The filing came after the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report found Deputy Clerico at fault in the September 2014 crash, at the intersection of North Chester Avenue and China Grade Loop in Oildale.

“In talking with the family, they’re glad that (Clerico) has finally accepted some responsibility for what he did,” Clark told The Bakersfield Californian, adding that the family, however, has not received closure, and continues to mourn Garrett’s loss. “This was no accident. This was totally preventable.”

Family members have described Nancy as a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Garrett’s family is seeking changes within the sheriff’s department in how deputies are trained to drive. Her death, unfortunately, is not the only one related to driving by Kern County Sheriff’s deputies.

Larry Maharrey was killedwhen Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. That wrongful death case represented by Chain | Cohn | Stiles, is ongoing.

Daniel Hiler and Chrystal Jolley were killed in December 2011 when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles settled that case in March 2014 for $8.8 million.

On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. Several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop.

After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

These events and those that followed after this night made international news, including the wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Silva’s family in 2013, to the settlement reached in May 2016.

Below is a chronological order of events and media coverage in the death and civil case of David Sal Silva.

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‘BEGGING FOR HELP’

Early reports from law enforcement officials claimed officers struggled with a man in his 30s for eight minutes in front of a home on the corner of Flower Street and Palm Drive in east Bakersfield. Officers used batons and a K-9 unit before officers noticed the man was struggling to breath, called an ambulance, which rushed him across the street to Kern Medical Center emergency room. He would die shortly after.

The man was David Sal Silva, 33, a father of four.

Local media soon after reported a total of seven Kern County Sheriff’s Office deputies, including a K-9, and two California Highway Patrol officers arrived to the scene. They struck Silva with batons, released the K-9 on him, took him to the ground, restrained him and handcuffed him.

Immediately, witnesses stepped forward and described the incident.

“I watched a man deliberately murdered in my face,” one man who did not want to be identified told KBAK/KBFX Eyewitness News. “I see an officer and the K9 dog, with a man detained on the ground, and the man was screaming for help … They were just sitting on him. And the guys, they were holding him down and punching him, too … He wasn’t resisting. He was begging for help, and begging for his life.”

Surveillance video obtained by KERO-23 News after the beating death showed Silva being repeatedly beaten with a stick while more law enforcement officers arrive.

A 911 call, too, helped document the incident.

“There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him,” the caller tells dispatchers. “I have it all on video camera. We videotaped the whole thing.”

“He was like a piece of meat,” the caller later told Los Angeles Times. “We were telling them: ‘He’s dead. You guys already killed him.'”

Details also emerged of how officers took witness cell phones that contained videos of officers beating Silva, hogtying him, lifting him and dropping him twice. Witnesses described how they were essentially harassed and held kept captive inside their own home by officers until they released their phones, without a search warrant being presented. Officers promised to return phones the next day, but were told when they inquired about their phones that the Sheriff’s Department was keeping the phone until the investigation was over.

At the same time, the Silva family reached out to and obtained the representation of Chain | Cohn | Stiles.

“I have two grieving parents and one grieving brother who want to see the body of their son and brother,” David K. Cohn, managing partner of Chain | Cohn | Stiles told news media. “But we will get to the bottom of this and I ask the sheriff’s department, once again, what are you hiding?”

The public feared a cover up by law enforcement officials was in the making, media reported. Chain | Cohn | Stiles would plan to file a federal civil rights complaint on behalf of the family.

Meanwhile, Silva’s family mourned his death.

“I can’t believe this happened,” David’s father Sal Silva told The Bakersfield Californian at his vigil, sobbing while kneeling down and touching the blood stains left on the sidewalk from the incident. “My son was a family man who loved his kids and family and in the back of my mind I still hold on to the possibility that the body we haven’t seen, might not be my son.”

The beating death of David Silva brought back memories for many of the infamous Rodney King beating, in addition to other high-profile deaths of minorities at the hands of law enforcement. The coverage would continue for years.

Fears that police were attempting to cover up details of the beating death of David Silva grew as Kern County Sheriff Donny Youngblood revealed that video evidence expected to be found on one of two cell phones confiscated from witnesses was not present on the phone.

The phones were handed over to the Bakersfield Police Department for examination, and the Federal Bureau of Investigation was also called upon for a “parallel investigation.”

The beating death of Silva at the hands of police, subsequent phone confiscation, missing videos and other civil rights violations resulted in protests throughout Kern County.

Protesters stood in front of the Kern County Superior Court and held signs that read, “protection of our rights” and “stop police brutality.”

“I believe in my heart that someone has to investigate this and find out why it happened and why it’s been happening, please, just give my brother justice,” Chris Silva, David Silva’s brother, told The Bakersfield Californian.

On May 20, 2013, attorneys for the witnesses who had their phones confiscated and returned by investigators released video footage that showed the final moments of Silva’s life as he screamed while officers held him down.

On May 23, 2013, Sheriff Donny Youngblood called the death of David Silva “accidental” due to heart disease, according to a department he leads, the Kern County Coroner’s Office. Youngblood also slammed media for sending “shockwaves all across the United States” in the case.

“They’re trying to say he died of natural causes,” David Cohn told The Bakersfield Californian. “Who would believe that?”

In June 2013, Chain | Cohn | Stiles on behalf of the Silva family filed wrongful death and federal civil rights claims claim against the nine officers involved in Silva’s death, Kern County Sheriff’s Department, California Highway Patrol, Kern County, and the state of California.

The complaint sought damages on behalf of David Silva’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of David Silva.

“David Sal Silva was a loving young man who cared deeply for his family and his four young children,” David Cohn said in a statement to media. “On May 7, 2013, David died as a result of unreasonable and excessive force used by nine law enforcement officials, who repeatedly struck him with batons and hog-tied him despite his numerous cries for help. Those cries will forever be heard by his family, and in particular his four children, who will now have to grow up without their father. While this lawsuit will certainly not undo what happened, my hope is that it will serve as a catalyst for serious change amongst local law enforcement agencies. It is time that we put this longstanding ‘strike first, ask questions later’ culture to rest once and for all.”

A month later, local media described inconsistencies between information provided by Kern County Sheriff Donny Youngblood and information found in the Kern County Coroner’s autopsy report, including the use of the hogtie restraint. The tactic has been banned altogether by law enforcement agencies, including the Bakersfield Police Department and the Los Angeles Police Department.

Cohn stated the manner by which Silva was restrained may have played a role in Silva’s death by causing “positional asphyxiation.”

In April 2014, Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva.

“This is the reason we need an independent advisory panel evaluating these types of cases,” David Cohn said in a statement at the time. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.

“Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family. Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Dozens chanted for justice in downtown Bakersfield on the one-year anniversary of Silva’s death, including representatives from Chain | Cohn | Stiles.

“We remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives,” attorney David Cohn said on the date. “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

In late October, the U.S. Attorney’s Office and Civil Rights Division determined there was not sufficient evidence to sustain a federal criminal prosecution of officers involved in the death of David Sal Silva, which must be proven beyond a reasonable doubt, and the investigation was closed.

“To maintain the public’s trust and fulfill the high obligations undertaken by all law enforcement, it is critical that we diligently evaluate such allegations,” said U.S. Attorney Benjamin B. Wagner. “We undertook a careful evaluation of the evidence in this case, and we appreciate the assistance we received, particularly from our partners in the Federal Bureau of Investigation. I extend my condolences to the entire Silva family for the loss they suffered with the tragic passing of Mr. Silva.”

In the months and several deaths at the hands of police throughout the United States — Michael Brown in Furguson, Miss. and Eric Garner in New York — sparked protests and riots nationwide. In Bakersfield, police shot unarmed Ramiro James Villegas (James De La Rosa) in November 2014, which helped advance the chants for more accountability locally. In Kern County, the Silva family led the charge.

“Police brutality is an issue here and we won’t let it go away,” Chris Silva said at a December 2014 rally.

In March 2015, hundreds of family members, friends and supporters of people who have lost loved ones in confrontations with local law enforcement took to the streets of Bakersfield in a march that revisited the scenes of some of the deaths, including the scene of the death of David Silva.

“I’m here to support the Silva family and all the other families who have lost loved ones because of mistakes made by the police,” Chain | Cohn | Stiles attorney Neil Gehlawat told The Bakersfield Californian. “We’re not saying all police officers are bad people,” Gehlawat said. “But on occasion, police officers cross the line, and when that happens it’s important the officer be held accountable so that it doesn’t happen again to another family.”

In July, the Kern County District Attorney’s Office announced it would be reviewing all officer-involved shootings resulting in injury or death, and all uses of force resulting in death, for all law enforcement agencies throughout Kern County. Protesters contended the DA’s office has already shown that it cannot provide truly independent oversight of the Bakersfield Police Department and the Kern County Sheriff’s Office.

In December 2015, The Guardian — a renowned British national daily newspaper that also covers issues in the United States —unveiled its five-part series that examines the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County.

“Police in Kern County, California, have killed more people per capita than in any other American county in 2015,” according to The Guardian’s report. “The Guardian examines how, with little oversight, officers here became the country’s most lethal.”

Among the cases highlighted by The Guardian was the death of David Sal Silva, and other Chain | Cohn | Stiles civil rights and wrongful death cases. The series featured how the brutal tactics of officers in Kern County have ended lives, cost the public millions, and prompted claims of a police force out of control.

In March 2016, a federal judge refused to dismiss most claims, including those involving allegations of excessive force and wrongful death, in the lawsuit filed against Kern County in the death of David Silva.

“This is a resounding victory for us because the judge ruled in our favor in almost all of the claims, both federal and state,” attorney Neil Gehlawat told The Bakersfield Californian. “We’re very pleased with the judge’s ruling in that respect, and believe his ruling is consistent with the evidence in the case.”

Chain | Cohn | Stiles worked together on the civil case with the Law Offices of Dale Galipo, as a lead trial attorney. The trial was set to begin in U.S. District Court in Fresno on May 12, 2016.

“The settlement today, nearly three years to the date of Silva’s death, is a vindication of a three-year campaign by the Silva family for justice, which brought national and international media attention to police brutality in Bakersfield,” Chain | Cohn | Stiles said in a statement announcing the settlement.

“This case is now over, and this settlement is a bittersweet end to a long journey to achieving justice,” said attorney Neil Gehlawat during the press conference. “It’s bitter in that David is not here with us, and he is not here today to be a father to his children, to be a brother, to be a son. But it’s sweet because we know that the money that we’ve obtained in this case is going to go a long way to helping David’s children secure a bright future.”

The attorneys at Chain | Cohn | Stiles responded to the recent decision by the Kern County District Attorney’s Office to not pursue criminal charges against the deputy involved in the fatal crash in Bakersfield that killed motorcyclist Larry Maharrey.

Chain | Cohn | Stiles has filed a wrongful death claim related to the crash. On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. And the California Highway Patrol Multidisciplinary Accident Investigation Team suggested a vehicular manslaughter charge against Gomez.

The widow of Larry Maharrey, Paula Maharrey, as well as Chain | Cohn | Stiles attorney Matthew Clark, shared their statements with local media regarding the District Attorney’s Office decision to not file charges against Sgt. Gomez in the fatal crash:

PAULA MAHARREY, WIDOW

“I’m very disappointed by the District Attorney’s refusal to prosecute Sgt. Gomez. My family is upset by the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern. It appears that one county agency is defending another, and it screams of a conflict of interest. We wish that an independent investigating agency such as the state Attorney General’s Office would look into this matter. We are also saddened by the fact that the needless loss of my husband’s life will do nothing to discourage this kind of reckless driving in the future.”

MATTHEW CLARK, ATTORNEY

“I, like my clients, are very disappointed in the Office of the District Attorney’s decision not to prosecute Sgt. Gomez. We’ve had four innocent lives lost in the county in the last four years due to the reckless driving exhibited by some employees of Kern County Sheriff’s Department. This is the most offensive kind of loss of life in light of the fact that people are being killed by those very officers who have taken on a duty to protect them.

“In an approximately 250-page report, the CHP Multidisciplinary Accident Investigation Team concluded that Sgt. Gomez’s conduct substantiated a violation of California Penal Code Section 192 (c) (2) – Misdemeanor Vehicular Manslaughter. The District Attorney’s decision not to prosecute appears to be in conflict of interest given the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern.

Without question, Sgt. Gomez conduct in this case was in violation of Kern County Sheriff’s Office policy regarding emergency driving in that he failed to pre-clear the lanes of the intersection. His failure to do so killed Larry Maharrey. The failure to prosecute sends the wrong message to law enforcement, suggesting that they are above the law.”

Chain | Cohn | Stiles has settled a lawsuit on behalf of a Bakersfield woman for $2 million in what is the largest award for a dog bite case against a public entity in California, according to VerdictSearch, a verdict and settlement database.

On July 21, 2013, Erin Casey (21 years old at the time) was attacked by a K-9 dog accompanying a Kern County Sheriff’s deputy while outside of a restaurant in north Bakersfield. Responding to a domestic dispute, the deputy exited his patrol vehicle and began walking toward Casey. At that time, the K-9 exited the patrol car, ran toward Casey and began biting her for 60 to 90 seconds. Casey suffered several major bite wounds to her leg.

Investigation found that the K-9 escaped from its holding kennel in the back of the patrol car due to a mechanical defect inside of the car. The deputy agreed that the K-9 should not have been let out of the patrol car. In addition, the K-9 failed to respond to commands from the deputy to cease attacking.

Chain | Cohn | Stiles filed a lawsuit against the County of Kern shortly after the incident on behalf of Casey. The parties recently agreed on a settlement for $2 million, a record amount against a public entity in California for a dog bite case, VerdictSearch records show.

“Law enforcement K-9s are capable of inflicting serious injuries, including death, which is why it is imperative that they only be released when necessary, and in accordance with departmental protocols,” said Clark, lead attorney on the case. “Also, when they are released, they must be under the control of their handler. In this instance, everyone agreed that the K-9 should not have been released, and once it latched onto Ms. Casey, the deputy failed to control his dog. As a result of this mistake, Ms. Casey sustained severe, life-altering injuries.

The Guardian — a renowned British national daily newspaper that also covers issues in the United States — unveiled its five-part series that examines the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County.

“Police in Kern County, California, have killed more people per capita than in any other American county in 2015,” according to The Guardian’s report. “The Guardian examines how, with little oversight, officers here became the country’s most lethal.”

PART I

The first in the five-part series, “The story of America’s deadliest police,” tackles the issue of how police officers in Kern County are reportedly responsible for killing more local residents per capita than in any other county in the country — 13 people in Kern, or about 1.5 people per 100,000 residents.

Reporters from The Guardian visited Chain | Cohn | Stiles in recent weeks to interview clients of the law firm. Among them, for this part in the series, were family members of:

David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva.

David Garcia, who was shot to death in January 2015 by Kern County Sheriff’s deputies while leaving his house unarmed. Deputies were called to the house to assist on a suicide attempt call.

PART II

The second part of the series, “Where deputies dole out rough justice,” highlights how the brutal tactics of officers in Kern County have ended lives, cost the public millions, and prompted claims of a police force out of control.

This part also highlights a few cases represented by Chain | Cohn | Stiles, including:

David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva.

James Moore was beaten to death by several deputies from the Kern County Sheriff’s Department while housed in central receiving downtown Bakersfield jail. On behalf of his family, Chain | Cohn | Stiles filed suit. Three deputies were prosecuted by the Kern County District Attorney’s Office for their roles in James’ death. The case settled for $6 million.

PART III

The third part in the series, “Sexual assault and the price of silence,” tackles how law enforcement officers in Kern County secretly tried to “buy off” victims in sexual misconduct cases against the men sworn to protect them.

This part includes comments from Chain | Cohn | Stiles attorneys David Cohn and Neil Gehlawat related to several cases of sexual assault involving Kern County Sheriff’s Department employees. They include:

Karen Frye, who was sexually molested at Lerdo Jail by Kern County Sheriff’s Department detentions deputy Anthony Michael Lavis. The law firm filed suit against the county for civil rights violations, conspiracy, sexual assault and battery, negligence, fraud, breach of contract and excessive use of force. The department also attempted to “buy off” Frye by offering her $1,500 in exchange for her agreement to not sue the department. That case settled for $300,000.

Jane Doe, a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison.

Lori Kaplan, a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim.

Two claims against the County of Kern on behalf of two females who were sexually assaulted in separate incidents by Kern County Juvenile Corrections officers while the girls were housed at James G. Bowels Juvenile Hall. Kern County Corrections officer Cesar Holguin Navejar was arrested on suspicion of sexually assaulting Jane Doe 1. He is currently facing six felony charges including sexual battery, assault by a public officer and child molestation. Jane Doe 2, who was also housed at James G. Bowels Juvenile Hall. That suspect, George Anderson, has been placed on administrative leave pending further investigation.

PART IV

The fourth part of the series, “Partners in crime,” details how Kern County officers plan to continue policing themselves. The findings by The Guardian — that Kern County officers kill more people per capita than in any other U.S. county so far in 2015 — lend weight to claims from critics that police in Kern County are effectively policed only by themselves, the article states.

The article also highlights officer-involved crashes and the investigations that take place following the crashes. In particular, the article highlights three deputy-involved fatal crashes. In all three, Chain | Cohn | Stiles has filed claims and lawsuits on behalf of their families. They include:

Daniel Hiler and Chrystal Jolley, who were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.

Nancy Garrett, who was killed in September 2014 in Oildale when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) found Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy. The civil case is ongoing.

Larry Maharrey, who was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The civil case is ongoing.

PART V

The fifth and final part, “A fight for answers,” focuses on what happens to the families of those who are killed by police officers.

“When someone dies after an encounter with law enforcement, he leaves behind parents and children, loss and confusion,” The Guardian writes. “What’s to be done when those people sworn to protect you are the same people who pull the trigger?”

The 13-minute video follows around the family members of those killed in officer-involved shootings as they campaign for justice of their loved ones. The video also follows around officers as the conduct their difficult jobs, and includes interviews with Kern County Sheriff Donny Youngblood and Bakersfield Police Chief Greg Williamson.

THE SERIES

The Guardian’s series is part of its project called The Counted, highlighting the number of people killed by police and other law enforcement agencies in the United States throughout 2015, “to monitor their demographics and to tell the stories of how they died.”

“The Counted is the most thorough public accounting for deadly use of force in the US,” according to The Guardian.

Why is this necessary? According to The Guardian, the U.S. government has no comprehensive record of the number of people killed by law enforcement. And this lack of basic data has been glaring amid the protests, riots and worldwide debate set in motion by fatal police shootings.

Chain | Cohn | Stiles recently filed a wrongful death claim against the County of Kern related to a Kern County’s Sheriff deputy involved crash with a motorcyclist. Local media covered a press conference hosted by Matthew C. Clark and Neil Gehlawat from the personal injury and workers’ compensation* law firm, which included the release of surveillance video of the crash.

Read below and click the links to see full coverage of the press conference and media mentions.

_ _ _

(Bakersfield, Calif. – Aug. 12, 2015) For more than 20 years, Larry Eugene Maharrey, 59, worked for Golden State Drilling as a diesel mechanic to provide for his family. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and riding his motorcycle.

On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. In what has become a tragic and unfortunate trend, Maharrey’s death comes at the heels of another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico.

Chain | Cohn | Stiles has filed a wrongful death claim against the County of Kern on behalf of Maharrey’s wife, Paula, and other family members. Attorneys Matthew Clark and Neil Gehlawat – joined by Maharrey’s widow – will host a press conference to discuss the filing of the claim. A copy of the claim will be provided to media, as well as surveillance video of the crash.

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During the press conference, Paula Maharrey, Larry’s wife of 14 years, described him as a “crack-up,” a family man who would give his shirt off of his back to a stranger, and an all-around “good man.”

“I miss him every day,” Paula Maharrey said during the press conference. “I just want the Kern County Sheriff’s Office to take responsibility for their actions, follow their own set rules, and train their staff better.”

This wrongful death claim against the County of Kern follows another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Nancy Joyce Garrett’s family. Nancy Garrett was driving home from a Dodgers game when she was struck and killed by Deputy Nicholas Clerico’s Kern County Sheriff’s Office patrol car. Chain | Cohn | Stiles also represented the family of Daniel Hiler, who was struck and killed by Sheriff’s deputy John Swearengin as he crossed the street.

Chain | Cohn | Stiles has filed a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her.

The filing of the lawsuit is on the heels of the release of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report regarding the crash that occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The report finds Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Chain | Cohn | Stiles attorney Matt Clark was joined by Garrett’s grown children, Mark McGowan and Deborah Blanco, for press conference on July 9 to discuss the case, the 230-page MAIT report, and the lawsuit.

To view media coverage of the crash involving Garrett and Clerico and Chain | Cohn | Stiles representation of Garrett’s family, click here. To see media coverage following the press conference and filing of the lawsuit, view them below.

The unveiling of the MAIT report, the filing of the lawsuit by Chain | Cohn | Stiles and subsequent media coverage of the wrongful death case also comes in the midst of yet another tragic crash involving a Kern Count Sheriff’s deputy.

A 59-year-old motorcyclist Bakersfield man riding a motorcycle died Tuesday evening in Oildale when his motorcycle struck a patrol car driven by a deputy responding to an emergency call, according to local media reports. The crash is under investigation.

The crashes and lawsuits also come just a few years following another high-profile case represented by Chain | Cohn | Stiles involving a fatal crash with a Kern County Sheriff’s deputy.

On Dec. 16, 2011, Kern County sheriff’s deputy John Swearengin struck and killed Daniel Hiler, 24, and Chrystal Jolley, 30, as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles sued the County of Kern on behalf of the families, and settled last year for $8.8 million.

In the lawsuit related to Nancy Garrett, her family and attorneys are asking for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County.

Late last week, a family of four was driving in southwest Bakersfield when a Bakersfield Police officer driving his cruiser at freeway speeds crashed into them head-on, family members told Eyewitness News.

The officer, they said, did not have his lights or sirens on. The officer suffered minor to moderate injuries while the family members also were injured, and some were taken to the hospital. Fortunately, no one died in the crash.

Family members told Eyewitness News they were trying to turn left onto Wilson Road, yielding to oncoming traffic, when the patrol car swerved into them. Bakersfield Police Department said it’s continuing its investigation.

The case is eerily familiar to two recent cases handled by the Bakersfield-based law firm Chain | Cohn | Stiles in which law enforcement officers driving at unsafe speeds have crashed with local residents. Unfortunately in those cases, fatalities occurred.

Last year, Chain | Cohn | Stiles settled a wrongful death lawsuit between the County of Kern and the families of two people killed by a speeding Kern County Sheriff’s deputy. That $8.8 million settlement is believed to be record-breaking for an automobile accident case against the County of Kern. Chain | Cohn | Stiles managing partner David Cohn represented Daniel Hiler’s fiancee and two young sons. The 24-year-old was struck and killed along with Chrystal Jolley, 30, in late 2011 by Kern County Sherriff’s Deputy John Swearengin. Both were crossing a road in Oildale when Swearengin’s patrol vehicle struck and killed them. Swearengin was driving 84 mph in a 45 mph zone before hitting Hiler and Jolley. He was responding to a call of a stolen vehicle; however, his emergency lights and sirens were not turned on. Law enforcement officers can travel in excess of the posted speed limit so long as their forward facing overhead lights are activated to warn others that they are responding to an emergency, but Swearengin didn’t do that, Cohn said. In fact, the deputy violated several policies and procedures. The Hiler family received $4.8 million from the settlement.

And in September last year, 72-year-old Nancy Joyce Garrett was driving her vehicle at the intersection of North Chester Avenue and China Grade Loop in Oildale when she was struck and killed by a Kern County Sheriff’s Department patrol vehicle. She had just returned to Bakersfield from a Los Angeles Dodgers baseball game she attended with her family and friends. The California Highway Patrol’s MAIT Team is still conducting an investigation of the collision.

“Under nearly every circumstance, law enforcement officers driving department vehicles are bound to the same rules of the road as everyday citizens unless they’re operating with lights or sirens when it’s necessary,” said Matt Clark, attorney at Chain | Cohn | Stiles. “That certainly doesn’t appear to be what happened in this recent case.”

If you or someone you know has been injured in a car accident at the fault of someone else, contact Chain | Cohn | Stiles at 661-323-4000, or visit the website chainlaw.com.

Chain | Cohn | Stiles

Standing for Justice

If you need immediate legal assistance, call (661) 323-4000 or fill out the "Contact Us" form below. For general inquiries about this blog or otherwise, please contact the Director of Marketing and Public Relations, Jorge Barrientos, at jbarrientos@chainlaw.com

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